Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1377 OF 2009
(Arising out of S.L.P. (Crl.) No.6631 of 2006)
Abhimanyu Kumar (Dead) By L.R. ...Appellant(s)
Versus
Surendra & Anr. ...Respondent(s)
O R D E R
Heard learned counsel for the parties.
Leave granted.
By this appeal, challenge has made to order of the
th
High Court dated 5 October, 2006, whereby the Surendra,
Respondent No.1 herein [hereinafter referred to as
“respondent”] has been granted bail in F.I.R. No.98/2006,
P.S. Muradnagar, District Ghaziabad, Uttar Pradesh .
st
Notice was issued in this case way back on 1
December, 2006, but the same could not be served as the
respondent was apparently absconding. Orders were
thereafter issued that a proclamation under Sections 82 and
83 of the Code of Criminal Procedure, 1973, be issued and
this proclamation has, in fact, been issued. Despite this
proclamation, no counsel has put in appearance on behalf of
the respondent.
...2/-
- 2 -
Several arguments have been raised by learned
counsel for the appellant with respect to the merits of the
controversy but, in the light of the fact that they pertain
to the merits of the case, we are not inclined to go into
the findings recorded one way or the other. Learned counsel
further has put on record by way of Criminal Miscellaneous
Petition No.7182 of 2007 an application supported by an
affidavit and appending thereto F.I.R. No.241/2007, P.S.
Muradnagar, District Ghaziabad, Uttar Pradesh, whereby it
appears that after the respondent had been released on bail
he, along with others, has been involved in another case of
murder. In this view of the matter, we set aside the
th
impugned order of the High Court dated 5 October, 2006, and
direct that the respondent shall be taken into custody
forthwith.
The appeal is allowed in the above terms.
......................J.
[HARJIT SINGH BEDI]
......................J.
[J.M. PANCHAL]
New Delhi,
July 31, 2009.